Omprakash vs The State Of Madhya Pradesh
2022 Latest Caselaw 8433 MP

                                                                         1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 CRA No. 4405 of 2022
                                                          (OMPRAKASH Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 24-06-2022
                                         Mr. Maneesh Kumar Soni, learned counsel for the appellant.

                                         Mr. Narendra Lodhi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal seems arguable, hence, admitted for hearing. Heard on I.A. No.8428/2022, an application for suspension.

The appellant has been convicted by the impugned judgment dated 25.04.2022 passed by learned Additional Sessions Judge, Deori, district - Sagar in Special Sessions Trial Case No.67/2020 for offences punishable under Sections 7/8 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 3 years (fine of Rs.2,000/-) and Section 452 of the IPC and sentenced to undergo RI for 2 years (fine Rs.1,000/-) and 323 of the Indian Penal Code and imposed fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submitted that the trial Court has

not considered the material available on record in proper perspective and hence, erroneous findings have been rendered by it. It is further contended that even prosecutrix who was examined as PW-2 has not supported the prosecution case and declared hostile.

It is stated at Bar by counsel for the appellant that the trial Court has Signature Not Verified SAN extended the benefit of bail to the appellants till 27.06.2022 and disposal Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.06.24 17:24:07 IST of this appeal w ould take considerable time, therefore, the custodial

sentence of the appellant may be suspended.

Learned Panel Lawyer has opposed the prayer for bail. I have heard learned counsel for the parties and perused the record. Looking to the role of the appellant and sentence imposed on him as well as taking note of the contention of counsel for the appellant that he has already been enlarged on bail till 27.06.2022, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merit, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/-

(Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Omprakash shall remain suspended and he shall be released on bail. He shall appear before the concerned trial Court on 07.11.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

This order has been passed on the basis of the statement made by counsel for the appellant at the Bar that appellant has been extended the benefit of bail till 27.06.2022, hence the concerned trial Court shall verify this fact and if it is found that the appellant is not on bail, this order of suspension of sentence shall stand ineffective immediately.

Accordingly, the application I.A. No.8428/2022 is allowed.

Signature Not Verified List the case for final hearing in due course. SAN

Digitally signed by KOUSHALENDRA C.C. as per rules in course of the day.

SHARAN SHUKLA Date: 2022.06.24 17:24:07 IST

(SMT. ANJULI PALO) JUDGE ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.06.24 17:24:07 IST